Date of Decision: January 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Wrestling Coach
Field: Wrestling Coaching
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Prizes or Awards:
The petitioner received several awards as a wrestling competitor and coach, including a coach of the youth team certificate for first place finishes at notable championships.
Published Material:
There were several articles published about the petitioner and his work, demonstrating some level of media attention.
Judging:
The petitioner served as a referee for the wrestling federation, receiving recognition for his contributions.
Criteria Not Met:
Original Contributions of Major Significance:
The petitioner provided evidence of creating a unique wrestling move, but the documentation did not sufficiently demonstrate its major significance in the field.
Performing in a Leading or Critical Role:
While the petitioner held leadership positions, the evidence did not establish that these roles were critical to distinguished organizations.
High Salary or Remuneration:
The petitioner did not provide sufficient comparative data to demonstrate that his salary was significantly high relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received recognition as a coach, including certificates for his team’s achievements. However, there was insufficient evidence to show how these awards compare to other coaches in the field, or that they indicate he is among the top few percent in his profession.
Published Materials About the Petitioner:
The petitioner had several articles published about him, but only two were considered major media at the national level. The overall media coverage did not indicate a level of success within the top percentage of the field.
Original Contributions of Major Significance:
The petitioner created a wrestling move known as the “I throw technique,” which was discussed in interviews and acknowledged by peers. However, the evidence did not demonstrate that this contribution had a major impact on the field.
Participation as a Judge:
The petitioner served as a referee for cadet and junior-level competitions, receiving certificates for his service. However, his judging experience did not place him among the top of the field.
Membership in Associations:
Not applicable as this criterion was not claimed or documented by the petitioner.
Authorship of Scholarly Articles:
Not applicable as this criterion was not claimed or documented by the petitioner.
Leading or Critical Role Performed:
The petitioner’s leadership roles were discussed in letters of support, but the evidence was not sufficiently probative to establish that these roles were critical in distinguished organizations.
Evidence of High Salary or Remuneration:
The petitioner provided evidence of his salary and bonuses, but there was a lack of comparative data to show that his remuneration was significantly high relative to others in the field.
Commercial Successes in the Performing Arts:
Not applicable as this criterion was not relevant to the petitioner’s field.
Supporting Documentation
Letters of Recommendation: Provided support but lacked detailed evidence of major significance.
Salary Documentation: Included claims of high pay but lacked corroborating comparative data.
Published Articles: Demonstrated media attention but not sufficient to prove top-level acclaim.
Awards and Certificates: Recognized achievements but did not establish top-level status.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the requirement of satisfying at least three of the ten criteria for extraordinary ability.
The evidence provided did not establish the necessary level of sustained national or international acclaim or recognition at the top of the field.
Next Steps:
The petitioner may consider gathering additional, more substantial evidence of extraordinary ability and recognition.
Consulting with an immigration attorney to better document and present qualifications could improve future petitions.
